Section 313 of CrPC : Section 313: Power to examine the accused.

Explanation using Example

Example 1:

Scenario: Raj is accused of theft in a local market. During the trial, several witnesses testify that they saw Raj near the scene of the crime. The court needs to understand Raj's perspective on these testimonies.

Application of Section 313:

1. Court's Action: The judge, without warning Raj, asks him directly, "Raj, where were you at the time the theft occurred?"
2. Raj's Response: Raj explains that he was at a nearby shop buying groceries and not at the scene of the crime.
3. No Oath: Raj is not required to take an oath before answering this question.
4. No Punishment for Refusal: If Raj refuses to answer or gives a false answer, he will not be punished for this refusal or falsehood.
5. Consideration of Answers: The court considers Raj's explanation while evaluating the evidence. If Raj's explanation is found to be false, it may be used against him in this or any other related trial.

Example 2:

Scenario: Priya is accused of fraud in a business deal. The prosecution has presented documents and witness statements suggesting Priya's involvement. The court needs to hear Priya's side of the story.

Application of Section 313:

1. Court's Action: After the prosecution's witnesses have been examined, the judge asks Priya, "Priya, can you explain your role in the business deal and the allegations against you?"
2. Priya's Response: Priya provides a detailed explanation, stating that she was not involved in the fraudulent activities and that her signature was forged.
3. No Oath: Priya is not required to take an oath before answering.
4. No Punishment for Refusal: If Priya refuses to answer or provides false information, she will not be punished for this refusal or falsehood.
5. Consideration of Answers: The court takes Priya's explanation into account while making its decision. If her explanation is found to be false, it may be used against her in this or any other related trial.
6. Written Statement: Priya's lawyer requests the court to allow Priya to submit a written statement instead of answering verbally. The court permits this, and Priya's written statement is considered sufficient compliance with Section 313.